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More Than a Puddle Required: The Importance of Notice in Premises Liability
Newsletter Premises Liability / April 2, 2026
This decision emphasizes that in premises liability cases, the plaintiff bears the burden of providing evidence that a dangerous condition existed and that the owner or occupier had actual or constructive notice of the hazard. Simply showing that a dangerous condition existed is not enough to survive a motion for summary disposition.
For defendants, this decision is a crucial safeguard, allowing owners and occupiers to seek early dismissal of meritless claims without proving a perfect inspection history.
This case also reinforces the importance of strict compliance with the Court Rules, since procedurally defective filings and reliance on inadmissible evidence can have significant consequences.
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